A man, who's been living in Omaha illegally, said he's in a fight for his very existence. He's facing deportation and he's appealing on the grounds that returning to Mexico would be a death sentence for him.

The man, who wanted to be identified with the pseudonym "Mr. Garcia" for fear of being persecuted in the Latino community, has been living in south Omaha for 10 years. He's a Mexican national, a member of Omaha's gay community and is HIV positive.

Advertisement

Garcia entered the U.S. in 2001 to escape threats in Mexico.

"His option was to stay and face what could be violence, or try for a better life here," said his attorney, Chris Buckley.

Garcia said he made attempts to start the naturalization process.

After moving to Omaha, he volunteered with the Nebraska AIDS Project and helped out at Vidas Unitas, an organization helping newly diagnosed HIV patients.

In July, he was caught with improper work documentation, arrested and put in jail.

"I never had any other trouble with police," said Garcia.

He was recently released from jail, but now faces deportation to Mexico.

Buckley asserts that Garcia's case is different from most illegal immigration cases. He said Garcia had to plead guilty after being denied a plea agreement. Buckley said the overwhelming majority of cases are allowed such agreements.

Buckley said he hit a wall when trying to work with the U.S. attorney's office.

"They refuse to deal with him without him first signing his own deportation orders," Buckley said.

Garcia said if he's deported he fears for his life on two fronts; first from physical violence in Mexico's machismo culture.

"I will die in my country really fast," he said.

Secondly, from lack of proper HIV medication which he gets for free in the United States for being a research volunteer.

Garcia said he'd do anything to stay in Omaha.

"I want to continue to support the people -- my Latino people -- and myself," he said.

Buckley had letters of support for Garcia from his doctor and an organization he volunteers for.

"We believe Mr. Garcia should be given a fighting chance to stay in this country," said Buckley.

KETV NewsWatch 7 contacted the U.S. Attorney's office in Omaha, but they declined to comment.

Garcia said he knows time could be running out for him. He's facing another court appearance early next year. He's hoping the feds will relent and give him a fighting chance to keep calling Omaha his home.